Aviation Law 109 Exam 1 Review Questions With Answers|18 Pages
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Course
Aviation Law
Institution
Aviation Law
A general aviation manufacturer delivers a new eight-seat twin-engine FAA-certified aircraft to a buyer today. If there is a defect in the airplane when it is delivered, is the manufacturer potentially liable for injuries that may eventually be caused by that defect, no matter when the resulting ha...
Aviation Law 109 Exam 1 Review
Questions With Answers
A general aviation manufacturer delivers a new eight-seat twin-engine FAA-certified aircraft to a buyer
today. If there is a defect in the airplane when it is delivered, is the manufacturer potentially liable for
injuries that may eventually be caused by that defect, no matter when the resulting harm occurs?
Explain - ✔ ✔ No, it is not indefinite. There are statutes of limitations that impose limits on how long
a person has, in manufacturing these are called Statutes of Repose. Under GARA there is a federal 18
year statute of repose for FAA certified general aviation aircraft having less than 20 seats. Some states
also have laws surrounding this topic.
Administrative Procedure Act (APA) requires notice of
_______________________________________________________________________________ - ✔
✔ Proposed rule in Federal Registar
An agency of the U.S. government is conducting research and experimentation of methods for detecting
airframe ice and conveying the information to the flight crew in a useful format. What agency would be
responsible for such experimentation? If that research and experimentation leads to a new technology,
what agency of the U.S. government would establish the airworthiness standards for incorporation that
technology into U.S. civil aircraft? - ✔ ✔ NASA
FAA
Can the FAA both require you to submit to reexamination and suspend your certificate for the same FAR
violation? Why? - ✔ ✔ Yes; re-examination is not considered punishment
Can the FAA both suspend your certificate and fine you as punishment for the same FAR violation?
Why? - ✔ ✔ No; US Constitution prohibits double jeopardy
Can your chosen form of business protect you from personal liability for the consequences of your own
negligence or intentional torts? - ✔ ✔ No, you are still liable for your own negligence or intentional
torts.
Describe and distinguish FAA and NASA responsiblities in regulating commerical space operations. - ✔
✔ An FAA license is required for any launch or reentry, or the operation of any launch or reentry site,
by U.S. citizens anywhere in the world, or by any individual or entity within the United States.
,An FAA license is not required for space activities the government carries out for the government, such
as some NASA or Department of Defense launches
Does the IRS have the authority to determine that a person is (or was) an employee of the business
rather than an independent contractor even if the business had an agreement signed by that worker
stating that she is an independent contractor? - ✔ ✔ Yes they have hindsight review.
Does the National Aeronautics and Space Administration (NASA) have any aviation responsibilities other
than technological and aerodynamic research and development? If so, describe. - ✔ ✔ Yes, NASA has
the Aviation Safety Reporting Program (ASRP)
this is designed to identity problems
Does the National Transportation Safety Board (NTSB) have any aviation responsibilities not relating
directly to aircraft accidents? If so, describe. - ✔ ✔ yes, investigates railroad accidents
FAA can have a rulemaking at request of the ______ - ✔ ✔ Navy
flying over is a _____________ issue - ✔ ✔ FAA
From a risk-management standpoint, which form or forms of business organization serve to protect the
owners from personal vicarious liability for torts committed by employees acting within the scope of
their employment and from business debts? - ✔ ✔ Corporations,LLCs, and LLPs
If the FAA and its counterpart agencies in other nations were interested in collaborating to make civil
aircraft certification standards globally uniform, what organization would logically coordinate that
effort? Where is that organization headquartered? - ✔ ✔ ICAO in Montreal, Canada
If you are involved in an aircraft accident causing injuries to other people or damage to their property
and you are convicted of an FAR violation in connection with that accident, will that conviction have any
effect on the outcome of a civil lawsuit against you for negligence? Explain - ✔ ✔ Yes, this is
considered Negligence Per se
In a corporation,
What decisions do corporate officers typically make? - ✔ ✔ execute the policies and make day to day
business decisions
In a corporation,
, what decisions do shareholders have the right to make? - ✔ ✔ elect a board of directors to govern
the corporation
In a corporation,
what decisions does the board of directors typically make? - ✔ ✔ elect officers and make decisions
affecting corporate policy and major business decisions
Informal Conference Statements .... - ✔ ✔ cannot be used for primary case; only for impeachment if
respondent changes story before ALJ
Landing or taking off and noise while on NPS property is a ________ issue - ✔ ✔ NPS
Notams - ✔ ✔ notices to airmen are used to publicize TFRs to airman
Persons and businesses engaged in some types of activities face the risk of being held liable for injuries
to others, even if the injuries are not proved to have resulted from some negligence on their part; this is
called strict liability. What kinds of activities expose persons and businesses to the risk of being held
strictly liable for injuries to others? - ✔ ✔ courts may impose strict liability without regard to
negligence where a nonparticipant is injured as a result of the defendant's conducting what the court
considers to be an ultrahazardous activity. Example from the book is people getting sick from pesticides
being sprayed, even if they used reasonable care in the application.
Pilots Bill of Rights six Major Provisions: - ✔ ✔ 1. Follow Federal rules of evidence and Civil
procedure, if practicable
2. Timely notice of investigation and information to pilots
3. NTSB no longer bound by strict FAA interpretation of regulations
4. Appeal final NTSB decison to district courts
5. NOTAM improvements
6. Medical Certification Process to be assessed
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